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National Anti-Slavery Standard, 1860-05-05, vol. 50 iss. 21

National Anti-Slavery Standard, 1860-05-05, vol. 50 iss. 21

^ c
%atiimatl ^liti-ikDtfn $lani)afU.
VOL. XX. NO. 51.
NEW YOEK, SATURDAY, MAY 5, 1860.
WHOLE NO. 1,039.
Motional £ittt-$Uucnj Stanburt).
> WEEKLY, ON SATURDAY,
States to establish
THE LEMMON CASE.
DECISION OF TUB COURT OF Al
cediog night, taken
ing the petith
lisle street ir
.tppeilanl. by
of New York,
tbe " eight
tbe colored persona sought
iteamer City of Ru-liit,.a..l.
ued in
...■.- ■ .: ■
persons lately t
ents, when we see, as we caonot tail to do, that the
egislature has deliberately rejected ibem.
la.: power which has been mentioned as residing in
i pei-suns la LI as slaves by socli ol tbe States as allow
naccompanied wilb an intention on the part of the
ivi.t.r in hold him in a state of slavery in such other
l'i:L li. 'declares that no person b. Id I,
I ," ' il, in ^imsequencl: of wjTw or^regulatioo
ia re wan at least one State which at tbe adoption of
i lie Uou-iitiilion did not tolerate slavery; and in several
prevailing sentiment in favor of emancipation so
The appreben
pitti in of the fugitives from I
iNiiai.llt.iu Virginia, and I
Bhe was compelled by
laiidin.; was for tin: purpose ol'
slaves. It is also Stated
,gh lhe. port of Nei
lodcrataud the elleet of these
L'jumiuu, beinu (lie owner of
the State of Ti
punio-c, Mia; eia
New York, Will
Bily oi landing al New York
this, I supposi-, is whai it w
,s understood to refi
a> Texas. The quo
Stale bearing upon the point a
BO person held as a slave should
s, desired t
rt of the several tl
; t ll t
rated domestic objects,
it of the It-vised Statut
lableness, or polit
ie non slaveholdin
lb.
ieh should place them
.il.on;.
A Virginia ^enileuian of the
) England on his own niLirs,
ft, whom he had purchased in Vlrgii
name of Stewar
nsacted ; and hi
an to Lord Mansfield, Chief Ji
a writ of habeas corpus wi
aregoiog facts. Lord Mansti
Id, by
of tbe Coi
igt. Siewart, Lofft's Rep. 1). It
in 1772, and from th
tbe public mind by a
(Liws 1917, Ch. 147, sees- 9, 15) Tim portions
act which concern the present question were in
at the revision ot the laws in 1&30. Tbe first u.
sections of the title are in the following language
' Trie Intermediate sections, three to seven inclusive, contain the exceptions. Section six is as lulluws : "Any
person, not being an inhabitant i,l liiir; Slate, who shall
be travelling lo or Iroin, or posing ilnuugh, this Slaie,
may bring with him any peraon lawfully heal in slavery,
,1 (eieLl'lV)."
1 Bain & Adolpb, 98.).
the Judge o
discharging
another.
fcucn State has,
1 Wij:'X:i, Ulitl hil
a as a right to determine
s or description of persons i
ie,.,;emyo
(some are alleged to exial affecting
limit or enntiol,except holaras
abridged lier j unquiet ion by a
States. There are many casi_s \
ol oilier In. i.illy Slates may and ought to be recognized
uas voluutaril)
■ny by li
w, subject to alterations
The aspect in which tl
as this : A cumber of th
ion tu abolish it within tl
o so, the principle of the
ighta and the remedies f
llkif- of
Slates had very little :
I vVheu they should
The
I gnvc
relal
lents of pro,
izensbip upon the
:s of confederation,
iver the subjects just i
each other, tbe defi-
itizens of every State in
substantially as it stood
;red is, how far the State
;a.iyt<
o Texas ; and when the writ of b
Tbe a.
:■ . . M. :\e
regulation of commerce. It does
i extensive Operation lilto^.-tSin
of the Supremo Court
■
(fully claim
ivileges and
Again, any discrirai
State would 1
mg only to residents of the State.
Jut where the laws of the several Sfatei
me State, assorting rights in another, t
in ce, but in respect to which the States are held fast
'.,.;:: legislation on these subjects is not I,.:
acted special r. particular sub-
reiice on tbe part of the States. This is shown by the
: ant. The Black Canal Co. (2 Pcters,250).
ieS:a'oof Delaware laid authorial! a corporation io
ect a dam across a creek below tide-water, in order to
power of Congress to regulate commerce. The object of
" provemtnt authorized by the State law was to im-
tbe health ol the neighborhood. In giving the
3 of the Court, Chief-Justice Marshall observed
E), provided they do not come in collision with the
those which are reserved to the States. But the
eauiboriztd by this act stops a navigable creek,
ust be supposed to abridge the rights of those who
Skne by a
by our
1 that
of t'l
upon tbe ]
case would us
to do with the doctrine of
usage ol civilized nations and the p
right is claimed ; and an express d
■: ■
he slave shall
muud by this ,
; has declared, in effect, that no person
wo slavehoflling Slabs, and il 1
n of New York
„ her slaves here
brought with h
ihe mandate of our
glnia, and is entitled t
position of the appellant ]
The privileges and immunities sscured to Hie c
■ ;■. i
y the purpose for which in a particular case \.
i o; the si;
ground that
sell or
lerived aoder the laws of slavery, could not be statain
vhere the remedy by habeas corpus, which was a cherish
nstitution of thia country aa well as in England, w
isiabliabed.
Beading the provision for the rendition of f'ugiti
;he general principle to be that the escape of a slave fn
which bad abolished slavery would ipso facto translo
i going into a
I /.■,■'
any pi
ster voluntarily brought him into a fr
rpose of his own. But tbe provision
extended no lurther than the case of t
ae cases, the admitted general consequence
oy an ( Npress provision in the Federal co
' eases were left to be goveroed by the genei
was free to deleri
go within a jurisdiction
■ 1 in bondage. T '
:onld not always
' ' -■
would naturally b
cases in which the
protected in tbe St
would be adjustei
looking specially
supposed that
-ignis of slave-
.Uributts of pivperly is lhe power to u;e it, oi
ights within our jurisdiction as Ion
She could not, perhaps, sell them to a citizen of >
iy Other citizen of a slave State, who would equally b
ith him the immunities and privileges of bis own Si
might 1
■iibj-et. Ir.
within the scope of
7 Howard, 283). In
ving 1
1 ■
e Constitution of the Uoited Sti
maybe considered as settkd k_
in net of S-.aie l!»isl:-aion actiog directly u
those judgments
aomy own life; more than all the lives of all the slave-
You say you have oilers to buv me, and that you sbnll
11 me il' l" do not send you $1,000, and in the same
0 children." Woman,
,0,1 ii l
But
:■■! i:n
f the law of Dell
:'. f. r
il: ■; :y ■■:
'
=ised so as to affect the question." The same prit
had bn-ii affirmed in Singes agt. Cronwinshield (■
■at. 133) and in Moore agt. Houston (5 Wheat, lj
=iac- tiie I 'asst us-cr cases, it has been again reiterate.
udelphia (12 How. 299). The application of th
iiHerlertil
state. But they
third port, whic
erty tl
no more rigui to the protectionoI
eui here, under the same circum-
lause of tbe Constitution referred
j other State, and that any law
to deny them free ingress or regress
t ia citizens only who possess these
; is well known, have been adjudged
legiiimate power of State legislation, io the proa
consider him embraced under the provision set
excluded, though he may be a pauper or acfimini
and vagabonds as well as fugitives from justice ;
exception was omitted in the corresponding pro
If a slave attempting tc come into a State of
accord can be excluded on the ground mentioned
;m to follow ll
o permit the n
it ha
by the gene
Ibyt
beyond the case of the actual escape of a slave Irom one
Bnt the provision is plainly so limited by ita own
2). Ni
United
by 1.1,e a.-:i:;es o: o.mi' ci>]-i" 'tl ."JUaen. J1 t..iee it lolli.
u ^joken upoo tbe subject of the alleged right,
, no: at liberty to search for tbe rule ol di
bound lo adopt the directions laid down by ibe puhij
inquire whether, by the law of nations, a country wb
of a neiglilioiing ^latu, m wnieli ii is not allowed,
protected in the course of u lawiul journey taken by
doubledly be the ea:-e witu a snoj.jcL recognized aa j
perty everywhere ; und it ia proper to say ib.n. tbe co
selfortheupp.il ut law uoi ioi.iu that principle in s
State to determine tl
diction applies to tht
has been modified c
the United States (<j
Moore agt. Tbe Peu
euiitiril ti
jogly tended t
Its influx
ion of 1
: luily e
t had no political connection, except that they
;rally dependencies on the British Crown. Their
to each other was the same which they re-
y bore to tbe oiher English colonies, whether in
Revolution, the
i"Q States, the
hich they entered, whereby that conse
a friendly league lor mutual protection
I..-privileges of
: ;■ ■' ■ ■■■
ingress an<
duties, impositions and r
The Constitutii
. iJ.; ijiiy oi inbabitants thereof, respectively.
sold, you said you would i
r old mother, and I am
■e, and, as yoa say, " aa
leans, I don't know. I
able to say, "He is an acqu
mdof mine." Bnl tbi man,
i man, I see-and, may 1 say.
thank you; I congratulate yoi
able to be, and bad
land, you say, because I n
arable chattel, or, in lien
iiinlil i
■, Abe and Ann, and
0 money.
Now,
i(-< I', sei.ii you
t you
u raise your own f.hddrca I
:t the spirits of m
people, in a world wher
it? Dk
left of it to fre
thought of addressing
ioiiti<BHHB in West \lidlord, near Boston, by the
in:-:i-. about the time that Dr. Howe was there, it was
ire than most people supposed was in him. But con-
ering that such a step might induce more ejp
: ■ '■■ ■■' ; ■ '
■ I ' ■ I I i I" ■' I "■ o. :
) spirit who could aflbrd the means to i
her because tbey did not kuow their lights,
ormed that you have the pluck to fight the battle,
e eyes are upon you, i
nbaLteIhSgue°h!
ve jou got t
reeijiiocal, ;
) terrify me by presentii
I if you take my
y body and rights
toe1"* ositi
mpt. The propositi)
■lends, in this c;
Yours. &c.
J. W. LOGCEN.
o partly by land
.uthority of the t
f Congress. I repeal the run,
ly%oacommerceamoDSI
irge and important operation
e-ooet raid, generally valid ; but
i .::■■■ , .
i, however, does
t liberty, according to the
I am in favor of affirming
LETTER TO REV. J. W. LOGUEN FROM HIS
OLD MISTRESS.
From The Syracuse (H. Y.) St»n<l«a.
Thi following letter was received, a day or two since,
by Rev. Mr. Luguen, of this city, from his old mistrets
e old lady hints at in her
(_we may add womanly),
amily are traced directly
here is her letter:
hem. I followed my counse
ntirely prevent the ar^uiiau
e they would, i
aeing involuntary, they
om ofthoCommission of (
,i. 187). Bnttt
of these features. Its ac
: Mrs. Lemmon, being the c
sidence io Norfolk, in Virginia, el
does not preseni
Maury County, Stat
so, can you tell what will becon
sa not repent ? and, if the blind lei
the consequence be ? I deem it u
A WORD FROM WASHINGTON JAIL,
CARD FROM TUADDEUS HYATT.
■"menus : This night cloaca the fifth week of my
ions. 1 do not propose to do so now. But in answei
ifby did you not test this matter before a State court?'
jply by pointing io tbe attempted kidnapping of San
•a at Concord. While I was at Boston, my counsel
in. S. E. Sewail, called on this same Freeman (Mar
,1), who was subsequently engaged in the Concord out
toner, formerly of t
and appear before i
i an age. John Bunyan, John J
I-: 1! ■
ted for what
h of tyrants
., my good s
N. Y. Tribune of the 16th March,
mte or comment." 1 had
The n
B. CheeVer writes as follows,
My Dbah Friend Hyatt : I
.:..'. ■ ■■
ipposed myself entitled
Tht N. Y. Times oi A'" Y. I
uyo.it
' yourself wc feel yoa lui
■■' '-: . ■■■
ens, I have exhausted
ppeal tails, as il Will, > There,
is you offer
aich leelin.-:
,y an appeal^ %e judiciary, lest you get a
cbusetts or New York, whore =■■.,■:;-.: hopu of speedy
change in public opinion, which is the breath of the
" Good bye
"I
The above
the good a
s, though the politi
more letter of sympathy, as it is short and
Dixon,Lee Co.,Ill, Apri. 1, I860.
'ATT—Dear Sir; Permit me, an entire s'tian-
1 of its gli
y them
■
Dity an,
B partisan papers o
iarneyofNew York. 1 gladly
fhat we might have been taught by tne history ot
uvolved iu your case can hardly be overestimated.
:en will compel the attention of tic people lo iheqi
lountrjmen, I beg you to accept my thanks. I am,
Very respectiuliy and truly yours, John J
New Yobk, April 12,1!
Dear Sib: Your letter oi lOib mat. reached n
vill receive, 1 doubt not, a thorough and
lional engagements will not pern
(ervice. Theotht
sr Messrs.
rtunityol
mpetitioo, and wbi
permit me to undertake t
1,
n very truly, your o
n which you
HORNBY FOR THE UNION.
e meeting differed but little in tbe general style of
ing up from such assemblages elsewhere and parly me onewhich saved ua. The concluding speech
ibye
on all the
-Union!
I syne dye.
ryitiing—naow, hereafter, t
want no stompin when Peletiah sot
i and reported
, may its shadders
j, nm i.lings has cum to a pooty pass, an' oughtent
t corps on, if tbey
rn Bretberin the
aour Soutberen Bretherio don't think the fore-
ugh, aud will write aout sich a one as they wanta,
s it. As we ate willing to be umble and meaner
ukinville dirt, ef thereby we can save the Union,
at, You know where the liar has hia part,
of the Union, to be embarked from You know that we reared you as.
We. M. Evari
i, Mass., March 19,186

^ c
%atiimatl ^liti-ikDtfn $lani)afU.
VOL. XX. NO. 51.
NEW YOEK, SATURDAY, MAY 5, 1860.
WHOLE NO. 1,039.
Motional £ittt-$Uucnj Stanburt).
> WEEKLY, ON SATURDAY,
States to establish
THE LEMMON CASE.
DECISION OF TUB COURT OF Al
cediog night, taken
ing the petith
lisle street ir
.tppeilanl. by
of New York,
tbe " eight
tbe colored persona sought
iteamer City of Ru-liit,.a..l.
ued in
...■.- ■ .: ■
persons lately t
ents, when we see, as we caonot tail to do, that the
egislature has deliberately rejected ibem.
la.: power which has been mentioned as residing in
i pei-suns la LI as slaves by socli ol tbe States as allow
naccompanied wilb an intention on the part of the
ivi.t.r in hold him in a state of slavery in such other
l'i:L li. 'declares that no person b. Id I,
I ," ' il, in ^imsequencl: of wjTw or^regulatioo
ia re wan at least one State which at tbe adoption of
i lie Uou-iitiilion did not tolerate slavery; and in several
prevailing sentiment in favor of emancipation so
The appreben
pitti in of the fugitives from I
iNiiai.llt.iu Virginia, and I
Bhe was compelled by
laiidin.; was for tin: purpose ol'
slaves. It is also Stated
,gh lhe. port of Nei
lodcrataud the elleet of these
L'jumiuu, beinu (lie owner of
the State of Ti
punio-c, Mia; eia
New York, Will
Bily oi landing al New York
this, I supposi-, is whai it w
,s understood to refi
a> Texas. The quo
Stale bearing upon the point a
BO person held as a slave should
s, desired t
rt of the several tl
; t ll t
rated domestic objects,
it of the It-vised Statut
lableness, or polit
ie non slaveholdin
lb.
ieh should place them
.il.on;.
A Virginia ^enileuian of the
) England on his own niLirs,
ft, whom he had purchased in Vlrgii
name of Stewar
nsacted ; and hi
an to Lord Mansfield, Chief Ji
a writ of habeas corpus wi
aregoiog facts. Lord Mansti
Id, by
of tbe Coi
igt. Siewart, Lofft's Rep. 1). It
in 1772, and from th
tbe public mind by a
(Liws 1917, Ch. 147, sees- 9, 15) Tim portions
act which concern the present question were in
at the revision ot the laws in 1&30. Tbe first u.
sections of the title are in the following language
' Trie Intermediate sections, three to seven inclusive, contain the exceptions. Section six is as lulluws : "Any
person, not being an inhabitant i,l liiir; Slate, who shall
be travelling lo or Iroin, or posing ilnuugh, this Slaie,
may bring with him any peraon lawfully heal in slavery,
,1 (eieLl'lV)."
1 Bain & Adolpb, 98.).
the Judge o
discharging
another.
fcucn State has,
1 Wij:'X:i, Ulitl hil
a as a right to determine
s or description of persons i
ie,.,;emyo
(some are alleged to exial affecting
limit or enntiol,except holaras
abridged lier j unquiet ion by a
States. There are many casi_s \
ol oilier In. i.illy Slates may and ought to be recognized
uas voluutaril)
■ny by li
w, subject to alterations
The aspect in which tl
as this : A cumber of th
ion tu abolish it within tl
o so, the principle of the
ighta and the remedies f
llkif- of
Slates had very little :
I vVheu they should
The
I gnvc
relal
lents of pro,
izensbip upon the
:s of confederation,
iver the subjects just i
each other, tbe defi-
itizens of every State in
substantially as it stood
;red is, how far the State
;a.iyt<
o Texas ; and when the writ of b
Tbe a.
:■ . . M. :\e
regulation of commerce. It does
i extensive Operation lilto^.-tSin
of the Supremo Court
■
(fully claim
ivileges and
Again, any discrirai
State would 1
mg only to residents of the State.
Jut where the laws of the several Sfatei
me State, assorting rights in another, t
in ce, but in respect to which the States are held fast
'.,.;:: legislation on these subjects is not I,.:
acted special r. particular sub-
reiice on tbe part of the States. This is shown by the
: ant. The Black Canal Co. (2 Pcters,250).
ieS:a'oof Delaware laid authorial! a corporation io
ect a dam across a creek below tide-water, in order to
power of Congress to regulate commerce. The object of
" provemtnt authorized by the State law was to im-
tbe health ol the neighborhood. In giving the
3 of the Court, Chief-Justice Marshall observed
E), provided they do not come in collision with the
those which are reserved to the States. But the
eauiboriztd by this act stops a navigable creek,
ust be supposed to abridge the rights of those who
Skne by a
by our
1 that
of t'l
upon tbe ]
case would us
to do with the doctrine of
usage ol civilized nations and the p
right is claimed ; and an express d
■: ■
he slave shall
muud by this ,
; has declared, in effect, that no person
wo slavehoflling Slabs, and il 1
n of New York
„ her slaves here
brought with h
ihe mandate of our
glnia, and is entitled t
position of the appellant ]
The privileges and immunities sscured to Hie c
■ ;■. i
y the purpose for which in a particular case \.
i o; the si;
ground that
sell or
lerived aoder the laws of slavery, could not be statain
vhere the remedy by habeas corpus, which was a cherish
nstitution of thia country aa well as in England, w
isiabliabed.
Beading the provision for the rendition of f'ugiti
;he general principle to be that the escape of a slave fn
which bad abolished slavery would ipso facto translo
i going into a
I /.■,■'
any pi
ster voluntarily brought him into a fr
rpose of his own. But tbe provision
extended no lurther than the case of t
ae cases, the admitted general consequence
oy an ( Npress provision in the Federal co
' eases were left to be goveroed by the genei
was free to deleri
go within a jurisdiction
■ 1 in bondage. T '
:onld not always
' ' -■
would naturally b
cases in which the
protected in tbe St
would be adjustei
looking specially
supposed that
-ignis of slave-
.Uributts of pivperly is lhe power to u;e it, oi
ights within our jurisdiction as Ion
She could not, perhaps, sell them to a citizen of >
iy Other citizen of a slave State, who would equally b
ith him the immunities and privileges of bis own Si
might 1
■iibj-et. Ir.
within the scope of
7 Howard, 283). In
ving 1
1 ■
e Constitution of the Uoited Sti
maybe considered as settkd k_
in net of S-.aie l!»isl:-aion actiog directly u
those judgments
aomy own life; more than all the lives of all the slave-
You say you have oilers to buv me, and that you sbnll
11 me il' l" do not send you $1,000, and in the same
0 children." Woman,
,0,1 ii l
But
:■■! i:n
f the law of Dell
:'. f. r
il: ■; :y ■■:
'
=ised so as to affect the question." The same prit
had bn-ii affirmed in Singes agt. Cronwinshield (■
■at. 133) and in Moore agt. Houston (5 Wheat, lj
=iac- tiie I 'asst us-cr cases, it has been again reiterate.
udelphia (12 How. 299). The application of th
iiHerlertil
state. But they
third port, whic
erty tl
no more rigui to the protectionoI
eui here, under the same circum-
lause of tbe Constitution referred
j other State, and that any law
to deny them free ingress or regress
t ia citizens only who possess these
; is well known, have been adjudged
legiiimate power of State legislation, io the proa
consider him embraced under the provision set
excluded, though he may be a pauper or acfimini
and vagabonds as well as fugitives from justice ;
exception was omitted in the corresponding pro
If a slave attempting tc come into a State of
accord can be excluded on the ground mentioned
;m to follow ll
o permit the n
it ha
by the gene
Ibyt
beyond the case of the actual escape of a slave Irom one
Bnt the provision is plainly so limited by ita own
2). Ni
United
by 1.1,e a.-:i:;es o: o.mi' ci>]-i" 'tl ."JUaen. J1 t..iee it lolli.
u ^joken upoo tbe subject of the alleged right,
, no: at liberty to search for tbe rule ol di
bound lo adopt the directions laid down by ibe puhij
inquire whether, by the law of nations, a country wb
of a neiglilioiing ^latu, m wnieli ii is not allowed,
protected in the course of u lawiul journey taken by
doubledly be the ea:-e witu a snoj.jcL recognized aa j
perty everywhere ; und it ia proper to say ib.n. tbe co
selfortheupp.il ut law uoi ioi.iu that principle in s
State to determine tl
diction applies to tht
has been modified c
the United States ( There,
is you offer
aich leelin.-:
,y an appeal^ %e judiciary, lest you get a
cbusetts or New York, whore =■■.,■:;-.: hopu of speedy
change in public opinion, which is the breath of the
" Good bye
"I
The above
the good a
s, though the politi
more letter of sympathy, as it is short and
Dixon,Lee Co.,Ill, Apri. 1, I860.
'ATT—Dear Sir; Permit me, an entire s'tian-
1 of its gli
y them
■
Dity an,
B partisan papers o
iarneyofNew York. 1 gladly
fhat we might have been taught by tne history ot
uvolved iu your case can hardly be overestimated.
:en will compel the attention of tic people lo iheqi
lountrjmen, I beg you to accept my thanks. I am,
Very respectiuliy and truly yours, John J
New Yobk, April 12,1!
Dear Sib: Your letter oi lOib mat. reached n
vill receive, 1 doubt not, a thorough and
lional engagements will not pern
(ervice. Theotht
sr Messrs.
rtunityol
mpetitioo, and wbi
permit me to undertake t
1,
n very truly, your o
n which you
HORNBY FOR THE UNION.
e meeting differed but little in tbe general style of
ing up from such assemblages elsewhere and parly me onewhich saved ua. The concluding speech
ibye
on all the
-Union!
I syne dye.
ryitiing—naow, hereafter, t
want no stompin when Peletiah sot
i and reported
, may its shadders
j, nm i.lings has cum to a pooty pass, an' oughtent
t corps on, if tbey
rn Bretberin the
aour Soutberen Bretherio don't think the fore-
ugh, aud will write aout sich a one as they wanta,
s it. As we ate willing to be umble and meaner
ukinville dirt, ef thereby we can save the Union,
at, You know where the liar has hia part,
of the Union, to be embarked from You know that we reared you as.
We. M. Evari
i, Mass., March 19,186